§ 122.08 STANDARDS FOR ISSUANCE OR DENIAL OF MASSAGE ESTABLISHMENT LICENSE.
   (A)   Issuance. The Massage Business Commissioner shall issue a massage establishment license to an applicant if, but only if, the Massage Business Commissioner finds and determines all of the following, based on the reports, investigations, and inspections conducted by the Massage Business Commissioner and the reviewing departments and any other credible information on which it is reasonable for the Massage Business Commissioner to rely:
      (1)   All information and documents required for issuance of a massage establishment license have been properly provided and the material statements made in the application are true and correct.
      (2)   All persons identified in the application are at least 18 years of age.
      (3)   No person identified in the application has been convicted of, or pleaded nolo contendere to, any specified criminal act within five years immediately preceding the date of the application.
      (4)   No person identified in the application has been convicted of, or pleaded nolo contendere to, any violation of a provision of this chapter within five years immediately preceding the date of the application.
      (5)   No person identified in the application is overdue on payment to the village of taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection to any massage establishment.
      (6)   No person identified in the application is residing with, or married to, a person:
         (a)   Who has been denied a massage establishment license within 12 months immediately preceding the date of the application;
         (b)   Whose massage establishment license has been revoked within 12 months immediately preceding the date of the application; or
         (c)   Whose massage establishment license is under suspension at the time of application.
      (7)   The massage establishment and the licensed premises, and the proposed operation of the massage establishment, comply with all then-applicable building, health, and life safety codes and regulations, have clean toilet and sink facilities, and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the village zoning ordinance.
      (8)   No massage establishment license shall be issued to any person for premises for which a liquor license or adult oriented business license has been issued.
      (9)   When a massage establishment license shall have been revoked or surrendered following notice of hearing as provided in this section, no license shall be granted to any person for the period of one year thereafter for the conduct of a massage establishment in the premises described in the revoked license.
      (10)   The applicant has confirmed in writing and under oath as part of the application that the applicant had read this chapter and all provisions of the village zoning ordinance applicable to massage establishments, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed massage establishment and its proposed operation are and shall be in compliance therewith.
   (B)   Denial. If the Massage Business Commissioner determines that the applicant has not met any one or more of the conditions set forth in division (A) of this section, then the Massage Business Commissioner shall deny issuance of the massage establishment license and shall give the applicant a written notification and explanation of such denial. The Massage Business Commissioner's notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant's address as set forth in the application. The massage establishment license shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this division. The application shall be advised of its right to appeal pursuant to law.
(Ord. 1945, passed 11-5-18)